556 sections in this chapter.
Neb. Rev. Stat. § 9-306.01 Designated premises, defined.
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Designated premises shall mean one location selected by a licensed organization at which individual pickle cards may be sold as opportunities for participation in a lottery by the sale of pickle cards. Only one of the following types of locations may be selected as a designated p…
Neb. Rev. Stat. § 9-307 Distributor, defined.
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Distributor shall mean any person licensed pursuant to section 9-330, who purchases or otherwise obtains pickle card units from manufacturers and sells, distributes, or otherwise provides pickle card units in this state to licensed organizations.
Neb. Rev. Stat. § 9-308 Gross proceeds, defined.
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Gross proceeds shall mean the total possible receipts from the sale of all pickle cards in any pickle card unit.
Neb. Rev. Stat. § 9-308.01 Gross profit, defined.
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Gross profit shall mean the definite profit from the sale of a pickle card unit less any commission paid by a licensed organization to a pickle card operator selling individual pickle cards on behalf of the licensed organization.
Neb. Rev. Stat. § 9-309 Lawful purpose, defined.
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(1) Lawful purpose, for a licensed organization making a donation of its net profits derived from its lottery by the sale of pickle cards solely for its own organization, shall mean donating such net profits for any activity which benefits and is conducted by the organization, in…
Neb. Rev. Stat. § 9-310 License, defined.
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License shall mean any license to conduct a lottery by the sale of pickle cards as provided in section 9-326, any license for a utilization-of-funds member as provided in section 9-327, any sales agent's license as provided in section 9-329, any pickle card operator's license as …
Neb. Rev. Stat. § 9-311 Licensed organization, defined.
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Licensed organization shall mean a nonprofit organization or volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad licensed to conduct a lottery by the sale of pickle cards under the Nebraska Pickle Card Lottery Act.
Neb. Rev. Stat. § 9-312 Lottery by the sale of pickle cards, defined.
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Lottery by the sale of pickle cards shall mean any gambling scheme in which participants pay or agree to pay something of value for a pickle card. Any lottery by the sale of pickle cards shall be conducted pursuant to and in accordance with the Nebraska Pickle Card Lottery Act. L…
Neb. Rev. Stat. § 9-313 Manufacturer, defined.
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Manufacturer shall mean any person who assembles from raw materials or subparts a completed piece or pieces of pickle cards and pickle card units.
Neb. Rev. Stat. § 9-314 Member, defined.
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Member shall mean a person who has qualified for and been admitted to membership in a licensed organization pursuant to its bylaws, articles of incorporation, charter, rules, or other written statement for purposes other than conducting activities under the Nebraska Pickle Card L…
Neb. Rev. Stat. § 9-314.01 Net profit, defined.
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Net profit shall mean the gross profit from the sale of a pickle card unit less the unit cost and allowable expenses incurred by a licensed organization in connection with the sale of a pickle card unit.
Neb. Rev. Stat. § 9-315 Pickle card, defined.
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Pickle card shall mean any disposable card, board, or ticket which accords a person an opportunity to win a cash prize by opening, pulling, detaching, or otherwise removing one or more tabs from the card, board, or ticket to reveal a set of numbers, letters, symbols, or configura…
Neb. Rev. Stat. § 9-316 Pickle card operator, defined.
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Pickle card operator shall mean any sole proprietorship, partnership, limited liability company, or corporation which sells individual pickle cards on behalf of the licensed organization.
Neb. Rev. Stat. § 9-317 Pickle card unit, defined.
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Pickle card unit shall mean a series or complete set of pickle cards, which consists of all winning and losing cards in a particular unit, set, series, deal, or scheme for a lottery by the sale of pickle cards, in the receptacle or box in and with which the unit of pickle cards i…
Neb. Rev. Stat. § 9-317.01 Premises, defined.
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Premises shall mean a building or a distinct portion of a building and shall not include any area of land surrounding the building.
Repealed. Laws 1988, LB 1232, § 54.
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[Repealed or reserved.]
Neb. Rev. Stat. § 9-319 Revoke, defined.
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Revoke shall mean to permanently void and recall all rights and privileges of an organization or a person to obtain a license.
Neb. Rev. Stat. § 9-320 Sales agent, defined.
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Sales agent shall mean any person who markets, sells, or delivers any pickle card unit on behalf of a licensed organization to any licensed pickle card operator.
Neb. Rev. Stat. § 9-321 Suspend, defined.
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Suspend shall mean to cause a temporary interruption of all rights and privileges of a license or the renewal thereof.
Neb. Rev. Stat. § 9-321.01 Unit cost, defined.
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Unit cost shall mean the total cost of a pickle card unit paid by a licensed organization to a distributor. Unit cost shall include the tax on definite profit prescribed in section 9-344 and any applicable sales tax. Unit cost shall also include any applicable federal gaming tax …
Neb. Rev. Stat. § 9-321.02 Utilization-of-funds member, defined.
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Utilization-of-funds member shall mean a member of the organization who shall be responsible for supervising the conduct of the lottery by the sale of pickle cards and for the proper utilization of the gross proceeds derived from the conduct of the lottery by the sale of pickle c…
Neb. Rev. Stat. § 9-321.03 Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad, defined.
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Volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad shall mean a volunteer association or organization serving any city, village, county, township, or rural or suburban fire protection district in Nebraska by providing fire protection or emergency…
Neb. Rev. Stat. § 9-322 Department; powers, functions, and duties.
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The department shall have the following powers, functions, and duties: (1) To issue licenses and temporary licenses; (2) To deny any license application or renewal application for cause. Cause for denial of an application for or renewal of a license shall include instances in whi…
Neb. Rev. Stat. § 9-322.01 Administrative fine; disposition; collection.
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(1) All money collected by the department as an administrative fine shall be transmitted on a monthly basis to the State Treasurer who shall deposit such money in the permanent school fund. (2) Any administrative fine levied under section 9-322 and unpaid shall constitute a debt …
Neb. Rev. Stat. § 9-322.02 Denial of application; procedure.
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(1) Before any application is denied pursuant to section 9-322, the department shall notify the applicant in writing by mail of the department's intention to deny the application and the reasons for the denial. Such notice shall inform the applicant of his or her right to request…
Repealed. Laws 2007, LB 638, § 21.
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[Repealed or reserved.]
Neb. Rev. Stat. § 9-323 Suspension of license; limitation; procedure.
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(1) The Tax Commissioner may suspend any license issued pursuant to the Nebraska Pickle Card Lottery Act except a license issued pursuant to section 9-326, except that no order to suspend any license shall be issued unless the department determines that the licensee is not operat…
Neb. Rev. Stat. § 9-324 Hearing; required; when; notice.
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Before the adoption, amendment, or repeal of any rule or regulation, the suspension, revocation, or cancellation of any license pursuant to section 9-322, or the levying of an administrative fine pursuant to section 9-322, the department shall set the matter for hearing. Such sus…
Neb. Rev. Stat. § 9-325 Proceeding before department; service; security; appeal.
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(1) A copy of the order or decision of the department in any proceeding before it, certified under the seal of the department, shall be served upon each party of record to the proceeding before the department. Service upon any attorney of record for any such party shall be deemed…
Neb. Rev. Stat. § 9-326 License; qualified applicants.
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(1) Any nonprofit organization holding a certificate of exemption under section 501(c)(3), (c)(4), (c)(5), (c)(7), (c)(8), (c)(10), or (c)(19) of the Internal Revenue Code or any volunteer fire company or volunteer first-aid, rescue, ambulance, or emergency squad may apply for a …
Neb. Rev. Stat. § 9-327 License; application; contents; enumerated; duty to keep current.
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(1) Each applicant for a license to conduct a lottery by the sale of pickle cards shall file with the department an application on a form prescribed by the department. (2) Each application shall include: (a) The name and address of the applicant; (b) Sufficient facts relating to …
Neb. Rev. Stat. § 9-328 Licenses; renewal; application; requirements; classes; fees.
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(1) All licenses to conduct a lottery by the sale of pickle cards and licenses issued to utilization-of-funds members shall expire as provided in this section and may be renewed biennially. An application for license renewal shall be submitted to the department at least forty-fiv…
Neb. Rev. Stat. § 9-329 Sales agent; license required; application; contents; fee; temporary license.
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(1) Unless otherwise authorized by the department, no person shall market, sell, or deliver any pickle card unit to any pickle card operator without first obtaining a sales agent license. (2) Any person wishing to operate as a sales agent in this state shall file an application w…
Neb. Rev. Stat. § 9-329.01 Sales agent; license applicant; qualifications; licensee; limitations.
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(1) Prior to applying for a license as a sales agent for a licensed organization, the applicant shall have been an active and bona fide member of the licensed organization for one year preceding the date the application is filed with the department. (2) No person applying for a l…
Neb. Rev. Stat. § 9-329.02 Pickle card operator; license required; application; contents; fee; restrictions; authorization required; equipment requirements.
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(1) A pickle card operator shall not be eligible to sell individual pickle cards as opportunities to participate in a lottery by the sale of pickle cards without first obtaining a license. (2) Any sole proprietorship, partnership, limited liability company, or corporation wishing…
Neb. Rev. Stat. § 9-329.03 Pickle card operator; qualified applicant; licensee; limitations.
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(1) Any sole proprietorship, partnership, limited liability company, or corporation, which holds a retail license for the sale of alcoholic liquor for consumption on the premises issued by the Nebraska Liquor Control Commission pursuant to the Nebraska Liquor Control Act or which…
Repealed. Laws 1997, LB 248, § 39.
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[Repealed or reserved.]
Neb. Rev. Stat. § 9-330 Distributor's license; application; requirements; fee; renewal.
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Any applicant for a distributor's license, including renewal thereof, shall file an application with the department on a form prescribed by the department. Each application shall be accompanied by a biennial license fee of three thousand fifty dollars. At a minimum, the applicati…
Neb. Rev. Stat. § 9-331 Distributor; employee or spouse; participation in gambling; restrictions.
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(1) No person, except a distributor operating pursuant to the Nebraska Pickle Card Lottery Act, shall sell or distribute any pickle card units to any licensed organization. (2) No distributor shall hold a license to conduct a lottery by the sale of pickle cards or any other kind …
Neb. Rev. Stat. § 9-332 Manufacturer of pickle cards; license required; application; fee; change in information; renewal.
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A manufacturer shall obtain a license from the department prior to manufacturing or selling or supplying to any licensed distributor in this state any pickle cards or pickle card units or engaging in any interstate activities relating to such pickle cards or pickle card units, ex…
Neb. Rev. Stat. § 9-332.01 Manufacturer; preselling activities; approval required.
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Each manufacturer shall receive departmental approval prior to selling in this state any type of pickle card, pickle card unit, punchboard, or other similar card, board, or ticket included in section 9-315 whether referred to by any other name intended for resale in Nebraska. App…
Neb. Rev. Stat. § 9-333 Manufacturer; records.
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Each manufacturer shall keep and maintain a complete set of records detailing the manufacturer's pickle card activities, including the name and state identification number of each distributor purchasing pickle card units, the quantity and type of each pickle card unit sold, and a…
Neb. Rev. Stat. § 9-334 Nonresident manufacturer; designated agent for service of process.
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Each manufacturer selling pickle cards and pickle card units in this state that is not a resident or corporation shall designate a natural person who is a resident of and living in this state and is nineteen years of age or older as a resident agent for the purpose of receipt and…
Neb. Rev. Stat. § 9-335 Manufacturer; employee or spouse; restriction on activities.
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No manufacturer shall be licensed to conduct any other activity under the Nebraska Pickle Card Lottery Act. No manufacturer shall hold a license to conduct any other kind of gambling activity which is authorized or regulated under Chapter 9 except as provided in sections 9-255.09…
Neb. Rev. Stat. § 9-336 Pickle card or pickle card unit; serial number required; manufacturer; duties.
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Each manufacturer of pickle cards or pickle card units shall assign a serial number to each unit of pickle cards he or she manufactures and place such number on each flare card supplied by such manufacturer and on each pickle card in the unit. No manufacturer shall sell or furnis…
Neb. Rev. Stat. § 9-337 Pickle cards; construction standards.
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(1) Pickle cards shall be constructed so that it is impossible to determine the covered or concealed number, letter, symbol, configuration, or combination thereof on the pickle card until it has been dispensed to and opened by the player, by any method or device, including, but n…
Neb. Rev. Stat. § 9-338 Pickle card or pickle card unit; restrictions on manufacturer; contraband.
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(1) No manufacturer or representative thereof, with knowledge or in circumstances under which he or she reasonably should have known, shall manufacture, possess, display, sell, or otherwise furnish to any person any pickle card or pickle card unit: (a) In which the winning tab or…
Neb. Rev. Stat. § 9-339 Pickle card or pickle card unit; department; examination.
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In addition to any other authority of the department and its authorized agents to conduct inspections, the department and its agents shall have the authority to select any pickle card or pickle card unit held by a distributor, licensed organization, sales agent, pickle card opera…
Neb. Rev. Stat. § 9-340 Pickle card or pickle card unit; restrictions; costs of examination.
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(1) No manufacturer shall sell or otherwise provide any pickle cards or pickle card units to any person in Nebraska except a licensed distributor or a federally recognized Indian tribe for use in a Class II gaming activity authorized by the federal Indian Gaming Regulatory Act. N…
Neb. Rev. Stat. § 9-340.01 Distributor; provide purchaser with invoice.
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Each distributor shall, in a manner prescribed by the department, provide each purchaser of a pickle card unit or punchboard with an invoice of sale. The invoice shall contain the purchaser's name and complete address and any other information the department deems necessary.